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Gardner v. Broderick was an appellate case from New York in which a police officer was fired for refusing to waive immunity rights when testifying before a grand jury regarding police corruption.
In this case, since the police officer was forced to sign a waiver of immunity and fired for refusing, the court determined that the police officer’s dismissal was illegal. It was illegal because an officer cannot be required to waive constitutional rights upon pain of dismissal from his job. The court held that if he had refused to answer questions about his duties without having to waive his right to immunity, he could be dismissed, but could not be dismissed for refusing to waive immunity.
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